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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default What Expenses Can a Defendant Recover After Winning a Lawsuit

    My question involves small claims court in the state of: California

    I sued a spammer from Southern California (I am in northern CA and the case was filed and heard here).

    I lost and now the spammer is threatening to file in LA for lost wages, transportation and housing etc for the time spent coming up to defend.

    My question: A.) I thought you can't sue for those things even if you win;

    and B.) won't they have to file in NorCal since that is where the "damage" occurred?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: What Expenses Can a Defendant Recover After Winning a Lawsuit

    To the extent that the defendant was entitled to recover any taxable costs, and most of the costs described are not recoverable, the place to do that is in the court that heard the lawsuit. If they believe they have a new tort action (e.g., malicious prosecution), whether or not they can use in a different county will depend upon the full facts. If they do sue you in a county that you believe to be incorrect, you can seek a change of venue.

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